Does Stand-by Time Count as Working Time? The Court of Justice Gives Guidance in DJ v Radiotelevizija Slovenija and RJ v Stadt Offenbach am Main

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 121-124 | European Forum Highlight of 22 April 2021 | (Abstract) In DJ v Radiotelevizija Slovenijia (case C-344/19 ECLI:EU:C:2021:182) and RJ v Stadt Offenbach am Main (case C-580/19 ECLI:EU:C:2021:183), the Court of Justice held that periods of stand-by time spent at home would not be considered working time within the meaning of art. 2 of the Working Time Directive 2003/88/EC unless the worker is constrained objectively and very significantly in their ability to manage their free time when their professional services are not required. The Court left it up to the national courts to decide whether the facts of the cases fell within or outwith the scope of art. 2. At a time when the boundaries between work and leisure time are increasingly blurred - a trend that has been accelerated by the Covid-19 pandemic - it is unfortunate that the Court did not use this opportunity to be more forthright in its assessment of what it means to be at an employer's disposal for the purposes of working time.

Keywords

• working time
• court of justice
• stand-by time
• rest period
• working time directive
• health and safety